Agenda item

(This item contains personal information regarding applicants and licence holders which is exempt from publication by virtue of Paragraph 1 of Part 1 of Schedule 12A of the Local Government Act 1972)

The Sub-Committee was informed of two new applications for a Horse-Drawn Hackney Carriage Driver’s Licence and an existing Horse-Drawn Hackney Carriage driver that had given sufficient cause for concern as to be referred to the Sub-Committee for consideration.

Members discussed the applications and referrals as follows:

(i)       TB  – New application for a Horse-Drawn Hackney Carriage Driver’s Licence

Mr Ratcliffe, Licensing Officer, presented the case on behalf of the Authority.

TB was in attendance at the meeting accompanied by a friend and made representations to the Sub-Committee.

The Sub-Committee noted the nature of the applicant’s conviction and that it had occurred approximately 12 months ago.  Members also noted that the applicant had failed to declare the conviction on his application form.

The Sub-Committee considered the representations made by the applicant and his friend relating to the circumstances that had led to the conviction and the reasons given for his failure to declare the conviction on the application form. 

Members expressed serious concerns regarding both the nature of the conviction and the relatively short length of time that had elapsed since the conviction.  The Sub-Committee, although not satisfied at the explanation given for the failure to declare the conviction, agreed that on this occasion it would not be appropriate to take further action in relation to this.

Resolved: 

(1)   To not prosecute for failure to declare the conviction.

(2)   That the application for a Horse-Drawn Hackney Carriage driver’s licence be refused on the grounds that he was not a fit and proper person due to his previous conviction and failure to the declare the conviction on the application form.

(ii)     JS –New application for a Horse-Drawn Hackney Carriage Driver’s Licence

Mr Ratcliffe presented the case on behalf of the Authority.

JS was in attendance at the meeting and made representations to the Sub-Committee.

The Sub-Committee considered the representations made by the applicant in relation to the circumstances surrounding the convictions. 

The Sub-Committee noted that two of the convictions had occurred many years ago and did not consider that the nature of the recent convictions would result in her being deemed not a fit and proper person to hold a Horse-Drawn Hackney Carriage driver’s licence.

Resolved:  That the application for a Horse-Drawn Hackney Carriage driver’s licence be granted.

(iii)   MJL – Existing Horse-Drawn Hackney Carriage Driver

Mr Marshall, Licensing Health and Safety Enforcement Manager, and Mr Verity, Public Protection Officer, who were in attendance during consideration of this case presented it on behalf of the Authority.  Mr Ratcliffe, Licensing Officer, was also in attendance.

The Sub-Committee was informed that a letter had been sent to the driver informing him of the hearing but no response had been received to date.  The Sub-Committee initially agreed to start to consider the case in the driver’s absence.

The Sub-Committee was informed of the serious defects to the Horse-Drawn Hackney Carriage that had resulted in an immediate prohibition notice being issued as it had been deemed unfit to be on the road.  Photographs showing the condition of the vehicle were circulated to Members.  The Sub-Committee noted the officer’s report that comments that had been made by the driver stating that no action had been taken by the owner following the driver reporting the problems with the Carriage to him.

During consideration of the case, Members expressed concerns at the serious defects on the Carriage that would have been clearly visible to the driver and the risks to public safety from the defects.  The Sub-Committee was also concerned at the apparent lack of responsibility taken by the driver for the safety of the Carriage and its passengers.  Due to the seriousness of the defects and the fact that the Sub-Committee was considering suspension of his licence Members agreed to defer consideration of the case to the next meeting to offer the driver a further opportunity to attend. 

Resolved:  To defer consideration of the case to its next meeting on 21^st July 2015 to allow the driver a further opportunity to attend.

Background papers:  Exempt